Further information can be obtained from: The above mentioned contact point(s)

Specifications and additional documents (including documents for competitive dialogue and a dynamic purchasing system) can be obtained from: The above mentioned contact point(s)

Tenders or requests to participate must be sent to: The above mentioned contact point(s)

I.2)Type of the contracting authority

Regional or local authority

I.3)Main activity

General public services

I.4)Contract award on behalf of other contracting authorities

The contracting authority is purchasing on behalf of other contracting authorities: yes

Reading Borough Council

Wokingham Borough Council

Royal Borough of Windsor and Maidenhead

Bracknell Forest Borough Council

Slough Borough Council

Section II: Object of the contract

II.1)Description

II.1.1)Title attributed to the contract by the contracting authority:

Superfast Berkshire — Phase 2.

II.1.2)Type of contract and location of works, place of delivery or of performance

Services
Service category No 5: Telecommunications services
Main site or location of works, place of delivery or of performance: Areas classified as white and possibly ‘conditional’ white as defined in Berkshire’s State Aid Intervention areas approved by the National Competency Centre (NCC) at Broadband Delivery UK (BDUK).

NUTS code UKJ11

II.1.3)Information about a public contract, a framework agreement or a dynamic purchasing system (DPS)

The notice involves a public contract

II.1.4)Information on framework agreement

II.1.5)Short description of the contract or purchase(s)

Telecommunications services. Data network management and support services. Communications system maintenance services. Maintenance services of telecommunications equipment. Construction and ancillary works for telephone and communication lines. Communications infrastructure. Optical telecommunication cables. Wireless telecommunications system. Telecommunications network. Network operating system. Network equipment. Network infrastructure. Communications network. Internet network. Telecommunications equipment and supplies. Communications equipment. Construction work. Construction work for communication lines. Ancillary works for telecommunications. Telecommunications-infrastructure maintenance services. Installation services of communications equipment. Integrated telecommunications services. Internet services. Satellite-related communications equipment. Mobile-telephone base-stations construction work. Installation of telecommunications equipment. Telephone and data transmission services. Installation services (except software). Telecommunication consultancy services. Information systems or technology strategic review and planning services. Advertising and marketing services. Marketing services.
Superfast Berkshire’s broadband programme (led by West Berkshire District Council) is working to extend coverage of super-fast broadband (greater than 24 Mbs) across Berkshire, in areas beyond the reach of commercially-funded deployments which are unlikely to be covered without public intervention. This procurement requires a wholesale broadband network solution providing wholesale broadband services that retail service providers can use to provide business consumers, residential consumers, and public sector organisations with a range of broadband services for the term. The proposed solution must comply with the BDUK Technology Guidance and must deliver the following: a wholesale broadband service that will be open to all service and communications providers on a non-discriminatory basis for at least 7 years from last installation or 31.12.2024 whichever is the latest;
a wholesale broadband service which makes available the greatest download and upload access speeds (data throughput) to greater than 95 % of West Berkshire, Reading, Royal Borough Windsor and Maidenhead, Wokingham, Bracknell and Slough premises with reference to the Berkshire’s State Aid Intervention area map, (equating to up to approximately 31,000 additional premises within a defined intervention area) by the end of 2024. These areas have been identified by the most recent Open Market Review (OMR) issued in July 2014 and State Aid Public Consultation process issued in September 2014 by Superfast Berkshire and will be approved by BDUK’s completed by National Competency Centre.
Indicative subsidy funding by the Council and BDUK of up to 4 150 000 GBP is to be used as gap funding, as necessary to maximise coverage. The Contractors will be expected to provide substantial investment in the network, and to own and manage the risks associated with developing and operating a wholesale broadband network, including but not limited to take-up risk.
Where appropriate solutions can be found, the project intends to offer contracts to provide super-fast broadband services that are Next Generation Access (NGA) compliant to those premises within the areas classified as white or ‘conditional’ white in Berkshire’s State Aid Intervention area.
Further guidance on the characteristics for qualifying NGA technologies is available from the BDUK National Competency Centre.

The contract is covered by the Government Procurement Agreement (GPA): yes

II.1.8)Lots

This contract is divided into lots: yes
Tenders may be submitted for one or more lots

II.1.9)Information about variants

Variants will be accepted: no

II.2)Quantity or scope of the contract

II.2.1)Total quantity or scope:

The contracts will be for a period of approximately 9 years between June 2015 and 2024. The exact duration is dependent on the date of full implementation of the wholesale broadband network solution. The Contractors will be required to provide a wholesale broadband service that will be open to all service and communications providers on a non-discriminatory basis for at least 7 years from the date of full implementation. Any contracts entered into as a result of this notice shall be considered as a contracts made under English law.
West Berkshire District Council reserves the right not to enter into any agreement or award any contract as a result of this notice and to vary or change or not proceed with this competition at any stage of the procurement process. West Berkshire District Council shall not be responsible for any costs, charges or expenses incurred by any applicant responding to this notice.
Estimated value of contracts excluding VAT: up to 4 150 000 GBP
Also see Outline Requirement in the Pre-Qualification Questionnaire.

II.2.2)Information about options

Options: yes
Description of these options: It may be possible that additional funding becomes available to extend super-fast coverage across the Intervention Area during the period of this contract. Should such additional funding become available, then this will be brought into this agreement via the Change Control Procedure. Any decision to include additional funding to this agreement shall be at the sole discretion of West Berkshire District Council.
Such additional funding may include
a) the ability to proceed with award of contracts in Slough Borough Council and Bracknell Forest Council currently representing the last 2 lots with no allocated funding.
b) the ability to proceed with award of contracts in West Berkshire, Royal Borough Windsor & Maidenhead and Wokingham with funding from EU Structured Investment funds (EAFRD) administered by Thames Valley Berkshire Local Enterprise Partnership (TVBLEP).

II.2.3)Information about renewals

This contract is subject to renewal: no

II.3)Duration of the contract or time limit for completion

Information about lots

Lot No: 1Lot title: NW West Berkshire — Area 1

1)Short description

It is anticipated that this will roughly cover the geographical area within the district of West Berkshire to the north of the M4 and to the west of the A34.

See Tender documents for further details in relation to finance and payment.

III.1.3)Legal form to be taken by the group of economic operators to whom the contract is to be awarded:

None specified, save that in case of a partnership or a grouping of economic operators (e.g. a consortium), the Council reserves the right to require the grouping to form a single legal entity (with appropriate financial guarantees in place) and the contract will be with one of the parties as lead organisation and/or require that each member undertakes joint and several liability irrespective of the legal form adopted.

III.1.4)Other particular conditions

The performance of the contract is subject to particular conditions: yes
Description of particular conditions: As per the Conditions of Contract stated within the tender documents.

III.2)Conditions for participation

III.2.1)Personal situation of economic operators, including requirements relating to enrolment on professional or trade registers

Information and formalities necessary for evaluating if the requirements are met: The suitability of candidates will be assessed in accordance with Regulation 23 of the Public Contracts Regulations 2006. Please refer to the PQQ for further information.

III.2.2)Economic and financial ability

Information and formalities necessary for evaluating if the requirements are met: Candidates will be assessed in accordance with Regulation 24 of the Public Contracts Regulations 2006. Please refer to the Pre-Qualification Questionnaire for further information.

III.2.3)Technical capacity

Information and formalities necessary for evaluating if the requirements are met:
Candidates will be assessed in accordance with Regulation 25 of the Public Contracts Regulations 2006. Please refer to the PQQ for further information.

III.2.4)Information about reserved contracts

III.3)Conditions specific to services contracts

III.3.1)Information about a particular profession

III.3.2)Staff responsible for the execution of the service

Section IV: Procedure

IV.1)Type of procedure

IV.1.1)Type of procedure

Restricted

IV.1.2)Limitations on the number of operators who will be invited to tender or to participate

Envisaged minimum number 5: and maximum number 9
Objective criteria for choosing the limited number of candidates: Subject to organisations passing the full PQQ evaluation in relation to economic and financial standing, the Council will only invite to tender between 5 & 9 organisations that have scored the highest on the evaluation of the Technical Questionnaire provided with the Pre-Qualification Questionnaire.

IV.1.3)Reduction of the number of operators during the negotiation or dialogue

IV.2)Award criteria

IV.2.1)Award criteria

The most economically advantageous tender in terms of the criteria stated in the specifications, in the invitation to tender or to negotiate or in the descriptive document

IV.2.2)Information about electronic auction

An electronic auction will be used: no

IV.3)Administrative information

IV.3.1)File reference number attributed by the contracting authority:

P454

IV.3.2)Previous publication(s) concerning the same contract

IV.3.3)Conditions for obtaining specifications and additional documents or descriptive document

IV.3.4)Time limit for receipt of tenders or requests to participate

19.1.2015 – 12:00

IV.3.5)Date of dispatch of invitations to tender or to participate to selected candidates

30.1.2015

IV.3.6)Language(s) in which tenders or requests to participate may be drawn up

English.

IV.3.7)Minimum time frame during which the tenderer must maintain the tender

IV.3.8)Conditions for opening of tenders

Section VI: Complementary information

VI.1)Information about recurrence

VI.2)Information about European Union funds

The contract is related to a project and/or programme financed by European Union funds: yes
Reference to project(s) and/or programme(s): Thames Valley Berkshire Local Enterprise Partnership are expected to allocate monies from their share of the European Agricultural Fund for Rural Development (EAFRD) towards super-fast broadband expansion in their Strategic Economic Plan. Further information will be contained in the tender documents.

VI.3)Additional information

1. West Berkshire Council is leading the procurement of the Superfast Broadband Services and will be contracting on behalf of West Berkshire Council, Reading Borough Council, Royal Borough of Windsor & Maidenhead, Wokingham Borough Council, Bracknell Forest Council and Slough Borough Council. Funding has been secured from the local authorities of West Berkshire Council, Reading Borough Council, Royal Borough of Windsor & Maidenhead and Wokingham Borough Council enabling solutions to be sought in eligible intervention areas of the respective districts.
2. It is proposed that solutions will be evaluated on a ‘technology neutral basis’ providing they are NGA compliant but will take into account the initial evaluation criteria of long term technical merits of the solution, value for money for the public sector, number of premises that can access the super-fast broadband solution, the level of local demand and geographical coverage. Contracts will be awarded based on a set of evaluation criteria set out in the tender document and reflecting these objectives.

3. Applicants must register on the Council’s Procurement Portal — http://westberks.mytenders.org Once registered candidates will be able to download the Pre-Qualification Questionnaire (PQQ).

4. Once an applicant is registered, all communication in respect of this procurement must be submitted via the Procurement Portal.
5. It is the responsibility of each applicant to ensure that it complies with all of the requirements set out in the PQQ. Failure to submit a compliant PQQ response before the response deadline (12:00 on 19.1.2015) will result in exclusion from the procurement process. Applicants are advised to allow adequate time for uploading documents and to dispatch the electronic response via the Procurement Portal well in advance of the deadline to avoid any last minute problems. The postbox closes precisely at the time stated and no late submissions will be accepted.
6. Consortia applications are permitted.
7. Any change in the identity, control of or relationships within an applicant (including any change in the membership of a consortium) or any member of a consortium that occurs after your PQQ response has been submitted, must be promptly notified in writing to the Council. The Council may, in its absolute discretion, decide that the changes disqualify/preclude the applicant from any further participation in the procurement process. The Council reserves the right to request such further information as it considers reasonably necessary in relation to any change that comes to its attention.
8. The Council reserves the right to disqualify any applicant where, in its absolute discretion, it believes that there is any actual or potential conflict of interest if the applicant takes part in the procurement process and/or should the applicant be successful in this procurement process. Actual or potential conflicts of interest include those that come to the Council’s attention other than as a result of you notifying us of those conflicts. All such actual or potential conflicts must be resolved to the Council’s satisfaction in order for the Council to consider you remaining as part of the procurement process. Failure to declare any conflict and/or failure to address such conflicts to the reasonable satisfaction of the Council may result in you being disqualified. You accept a continuing obligation throughout the procurement process to notify the Council of any changes, which includes any new actual or potential conflicts arising.
9. Please note that conflicts of interest can include (without limitation):
a. conflicts that arise from professional or personal connections between you or your staff and the Council or any of the Council’s staff; or
b. situations where you are connected to multiple PQQ responses including (without limit) a response in your own name and as a subcontractor and/or as a consortia member.
10. In the event of a dispute as to whether any matter gives rise to an actual or potential conflict the Council’s decision is final.
11. Applicants should note that the Council reserves the right to:
a. Cancel this procurement at any stage;
b. Not to award a contract;
c. Accept all or part of any tender unless the applicant/bidder expressly stipulates otherwise;
d. Make any changes it sees fit to the procurement process;
e. Disqualify any applicant found to have misrepresented the facts in relation to its responses to any question within the PQQ response;
f. Remove and/or amend element(s) from scope of the requirements; and/or
g. Seek clarification or verification from an applicant/bidder at any time during the procurement process (but is under no obligation to do so).
12. In no circumstances will the Council be liable for any costs incurred by applicants associated with this procurement process.
13. During the tender period, tenderers will be required to maintain the tender for a period of 3 months from the date stated for receipt of tender.
14. The individual local authority funding is as follows:
— West Berkshire Council, GBP 2 950 000,
— Wokingham Borough Council, GBP 486 000,
— Royal Borough of Windsor and Maidenhead, GBP 327 500,
— Reading Borough Council, GBP 382 500,
— Bracknell Forest Council, GBP 0 (zero),
— Slough Borough Council, GBP 0 (zero).
(MT Ref:145472).

VI.4)Procedures for appeal

VI.4.1)Body responsible for appeal procedures

West Berkshire District Council
Head of Legal Services, Market Street
RG14 5LD Newbury
UNITED KINGDOM

VI.4.2)Lodging of appeals

Precise information on deadline(s) for lodging appeals: The Council intends to incorporate a voluntary minimum 10 calendar day standstill period at the point information on the award of the contract is communicated to bidders.

VI.4.3)Service from which information about the lodging of appeals may be obtained